HomeMy WebLinkAbout23-005 - BOA BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-005
File No.: VAR-2304-000028
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
evidence, including, but not limited to the staff report, has made the following determinations:
1. Petition of Avanti Storage for a variance from the provisions of LDC Section
7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, for a driveway with left turn
movements, on a corner lot, 175 feet from the base building line representing a 175-foot
reduction from the required 350 feet for property located at 2835 Hammond Road in the
IL (Industrial, Light) Zoning District.
2. On May 24, 2023, this Board held a public hearing on the petition, after publishing a
notice of such hearing, installing a sign on the property, and notifying by mail all owners
of property within 500 feet of the subject property.
3. After consideration of the testimony presented during the public hearing, including staff
comments, exhibits, and the standards of review for granting variances set out in Section
10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made
the following determinations:
The requested variance has met the standards of review as set forth in Section
10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan, because:
a. The granting of the requested variance arises from conditions that are unique
and peculiar to the land as the subject parcel meets the required lot size and
dimensional criteria for IL (Industrial, Light) Zoning District but cannot satisfy the
minimum 350 feet distance from the base building line to the driveway to allow
for left turn movements, the subject parcel abuts a residential zoning district and
relocating the driveway further north on the property will result in a smaller buffer
between vehicular movements and the adjacent residential properties, and the
Fort Pierce Farms Water Control (FPFWC) canal to the south of the subject
parcel allows for a great distance between the existing northernmost travel lane
in St. Lucie Blvd. and the proposed driveway. Moreover, the only entry to the
Property is via Hammond Road and by left turn, unless the vehicles using this
Light Industrial site continue by the property into the adjacent residential area
and make U-turns, or otherwise turn around to come back to the property for a
right turn onto it.
b. The granting of the requested variance will not impair or otherwise injure other
property or improvements in the area in which the subject property is located.
MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
07/17/2023 08:55:13 AM BOA Resolution No.2023 005
May 24,2023 OR FILE BOOK# 50175217559 PAGE 357-360 Doc Type:RESO Page 1
File No.VAR-2304-000028 RECORDING: $35.50
BOARD OF ADJUSTMENT
RESOLUTION NO. 2023-005
File No.: VAR-2304-000028
A RESOLUTION APPROVING A VARIANCE FOR
CERTAIN PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of Adjustment of St. Lucie County, Florida, based on the testimony and
evidence, including, but not limited to the staff report, has made the following determinations:
1. Petition of Avanti Storage for a variance from the provisions of LDC Section
7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, for a driveway with left turn
movements, on a corner lot, 175 feet from the base building line representing a 175-foot
reduction from the required 350 feet for property located at 2835 Hammond Road in the
IL (Industrial, Light) Zoning District.
2. On May 24, 2023, this Board held a public hearing on the petition, after publishing a
notice of such hearing, installing a sign on the property, and notifying by mail all owners
of property within 500 feet of the subject property.
3. After consideration of the testimony presented during the public hearing, including staff
comments, exhibits, and the standards of review for granting variances set out in Section
10.01.02, St. Lucie County Land Development Code, the Board of Adjustment has made
the following determinations:
The requested variance has met the standards of review as set forth in Section
10.01.02, St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan, because:
a. The granting of the requested variance arises from conditions that are unique
and peculiar to the land as the subject parcel meets the required lot size and
dimensional criteria for IL (Industrial, Light) Zoning District but cannot satisfy the
minimum 350 feet distance from the base building line to the driveway to allow
for left turn movements, the subject parcel abuts a residential zoning district and
relocating the driveway further north on the property will result in a smaller buffer
between vehicular movements and the adjacent residential properties, and the
Fort Pierce Farms Water Control (FPFWC) canal to the south of the subject
parcel allows for a great distance between the existing northernmost travel lane
in St. Lucie Blvd. and the proposed driveway. Moreover, the only entry to the
Property is via Hammond Road and by left turn, unless the vehicles using this
Light Industrial site continue by the property into the adjacent residential area
and make U-turns, or otherwise turn around to come back to the property for a
right turn onto it.
b. The granting of the requested variance will not impair or otherwise injure other
property or improvements in the area in which the subject property is located.
May 24,2023 BOA Resolution No.2023-005
File No.VAR-2304-000028 Page 1
c. The granting of the requested variance is the minimum necessary that will make
reasonable use of the land and building.
d. The requested variance meets the general spirit and intent of the St. Lucie
County Land Development and the St. Lucie County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of Adjustment of St. Lucie County,
Florida:
A. The petition of Avanti Storage for a variance from the provisions of LDC Section
7.05.06.(C.)(2.)(f.)(3.) — Driveway Requirements, proposing a driveway with left turn
movements, on a corner lot, 175 feet from the base building line representing a 175-foot
reduction from the required 350 feet as depicted on the attached Site Plan Exhibit as
Exhibit "A", for property described in Paragraph B below, subject to the following
condition:
1) Left turn movements shall be restricted to a left-in from Hammond Road into the
subject parcel. Left-turn movements from the subject parcel onto Hammond Road
are prohibited.
B. The property for which the subject variance is sought is described as:
Legal: THAT PART OF THE SOUTH HALF OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, LESS THE
SOUTH 48 FEET THEREOF, SECTION 30, TOWNSHIP 34 SOUTH, RANGE
40 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF THE EASTERLY
BOUNDARY LINE OF THE PARCEL OF LAND AS DESCRIBED IN THAT
CERTAIN FINAL SUMMARY JUDGMENT QUIETING TITLE RECORDED IN
OR BOOK 922, PAGE 554, PUBLIC RECORDS OF ST. LUCIE COUNTY,
FLORIDA.
Address: 2835 Hammond Road, Fort Pierce, FL 34946
Parcel Identification Number: 1430-344-0026-000-9
C. Based on the evidence presented, this variance is approved.
D. This variance shall expire twelve months from the date of adoption unless a building
permit is approved or an extension is granted in accordance with Section 10.01.06, of
the St. Lucie County Land Development Code.
E. This Order shall become effective upon the date indicated below. An appeal from the
Board of Adjustment's action may be processed within thirty (30) days following the
rendition of the decision of this order in accordance with Section 10.01.07, of the St.
Lucie County Land Development Code.
F. This Order shall be recorded in the public records of St. Lucie County.
May 24,2023 BOA Resolution No.2023-005
File No.VAR-2304-000028 Page 2
PASSED AND DULY ADOPTED this 24th day of May 2023.
BOARD OF ADJUSTMENT
ATTES : ST U E 9OUNTY, FLORIDA
Secretary Date agistrate
IAPPROVED AS TO FORM
AND CORRECTNESS:
14.
lerk Filing Date 1(4/
Asst. County Attorney
May 24,2023 BOA Resolution No.2023-005
File No.VAR-2304-000028 Page 3
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May 24, 2023 BOA Resolution No.2023-005
File No.VAR-2304-000028 Page 4